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UNITED STATES v. 243.22 ACRES OF LAND, ETC.

No. 465.

45 F.Supp. 361 (1942)

UNITED STATES v. 243.22 ACRES OF LAND, SITUATE IN VILLAGE OF FARMINGDALE, TOWN OF BABYLON, SUFFOLK COUNTY, N. Y., et al.

District Court, E. D. New York.

May 29, 1942.

Attorney(s) appearing for the Case

Harry T. Dolan, Sp. Asst. to Atty. Gen. of United States (Edward H. Murphy, of New York City, of counsel), for petitioner-plaintiff.

Samuel Rudykoff, of New York City, for defendant Joseph W. Kay, 3d.

E. John Ernst, Jr., of New York City, for defendant Lambert.

Bendersky & Murov, of Amityville, N. Y., for defendant Town of Babylon.

Pruitt & MacIntyre, of New York City, for defendant American Airplane & Engine Co.

MOSCOWITZ, District Judge.

This is a motion made by the defendant Kay, in which the defendant Lambert joins, to strike out the proof of claim filed by the defendant Town of Babylon, County of Suffolk, State of New York, subsequent to the entry of a judgment of condemnation.

This Court has had occasion to point out in United States v. Certain Lands in Borough of Brooklyn et al., D.C., 39 F.Supp. 91, that a condemnation...

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